For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Any beverage that contains ethyl alcohol (ethanol), including, but not limited to, beer, wine and distilled spirits.
CITY PREMISES and CITY FACILITIES. When an employee is on duty, all property of the city, including, but not limited to, the offices, facilities and surrounding areas on city-owned or city-leased property, parking lots and storage areas. The term also includes city-owned or city-leased vehicles and equipment wherever located.
DRUG TESTING. The scientific analysis of urine, blood, breath, saliva, hair, tissue and other specimens of the human body for the purpose of detecting a drug or alcohol.
ILLEGAL DRUG. Any drug which is not legally obtainable, any drug which is legally obtainable but has not been legally obtained, any prescribed drug not legally obtained, any prescribed drug not being used for the prescribed purpose, and any drug being used for a purpose not in accordance with bonafide medical therapy. Examples of ILLEGAL DRUGS are cannabis substances, such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP) and so-called designer drugs and look-alike drugs.
LEGAL DRUG. Any prescribed drug which has been legally obtained and is being used for the purpose for which prescribed or manufactured.
POLICY. The drug and alcohol abuse policy set out in this subchapter.
REASONABLE BELIEF. A belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his job duties due to drug or alcohol impairment. Such inability to perform may include, but is not limited to, decreases in the quality or quantity of the employee’s productivity, judgment, reasoning, concentration and psychomotor control, and marked changes in behavior. Accidents, deviations from safe working practices and erratic conduct indicative of impairment are examples of REASONABLE BELIEF situations.
SAFETY SENSITIVE POSITION. A position having any duty, the performance of which could cause injury to the incumbent or others or could cause serious damage to property.
UNDER THE INFLUENCE. A condition in which a person is affected by a drug or alcohol in any detectable manner. The symptoms of INFLUENCE are not confined to those consistent with misbehavior, or to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of being UNDER THE INFLUENCE can be established by a professional opinion, by a scientifically valid test, and in some cases by the opinion of a lay person.
(1998 Code, § 2-101)